How Difficult Is It To Register A Trademark

Many businesses can file an application online in less than 90 minutes without a lawyer s help.

How difficult is it to register a trademark. Register your mark with the federal government. A trademark is a word phrase sign symbol or logo used to identify a product s owner. You are not required to register your trademark with the pto but this type of registration provides certain advantages. Trademarks give exclusive rights to a person or company to use a specific mark within an industry. Gives legal presumption of ownership in an infringement lawsuit you must prove you own.

In the united states trademark rights begin when the trademark is put into commercial use. Even if your application issues to registration third parties still have another five years to petition for cancellation based upon their priority. There should also be a color claim naming the colors featured in the trademark and where the said colors appear in the overall design of the mark. Again a national trademark would definitely make your life easier. Trademark registration uses a class system.

Patent and trademark office uspto cites a prior registration as an obstacle. But these automatic common law trademark rights are geographically limited and difficult to enforce. Color marks are slightly more difficult to be registered since there is a need to submit substantial proof of acquired distinctiveness as well as the logo rendered in color. Where the words on their own are difficult to register as a trademark registration can often be achieved by combining these words with distinctive words or symbols to make what is known as a composite mark. For example a company called brisbane automotive mechanics would have trouble registering its business name as a trademark as it.

The federal government runs a centralized trademark registration department through the united states patent and trademark office pto. That means as soon as you begin advertising your product with your logo your logo is technically trademarked in the eyes of the law. Patent and trademark office uspto. This involves registering a single word as a trademark with the u s. As long as you were the first to use the mark in commerce you technically have trademark rights.

Even if you never file a federal trademark application you can still claim rights to the marks and intellectual property your business uses. It s rather difficult to limit your territory in the days of the internet and easy transportation. You may not know about problems until the examiner in the u s. You will need to be able to fit your products into one or more of the standard uspto classes. Registering a trademark for a company name is pretty straightforward.